society. The solemn covenant of marriage may be entered into without these lordly assumptions and humiliating concessions and promises.
There are large Christian denominations who do not recognize such degrading relations of husband and wife. They ask no aid from magistrate or clergyman to legalize or sanctify this union. But acknowledging themselves in the presence of the Highest and invoking His assistance, they come under reciprocal obligations of fidelity and affection, before suitable witnesses. Experience and observation go to prove that there may be as much harmony, to say the least, in such a union, and as great purity and permanence of affection, as can exist where the common ceremony is observed.
The distinctive relations of husband and wife, of father and mother of a family, are sacredly preserved, without the assumption of authority on the one part, or the promise of obedience on the other. There is nothing in such a marriage degrading to woman. She does not compromise her dignity or self-respect; but enters married life upon equal ground, by the side of her husband. By proper education, she understands her duties, physical, intellectual, and moral; and fulfilling these, she is a helpmeet in the true sense of the word.
I tread upon delicate ground in alluding to the institutions of religious Associations; but the subject is of so much importance that all which relates to the position of woman should be examined apart from the undue veneration which ancient usage receives.
"Such dupes are men to custom, and so prone
To reverence what is ancient, and can plead
A course of long observance for its use,
That even servitude, the worst of ills,
Because delivered down from sire to son,
Is kept and guarded as a sacred thing."
So with woman. She has so long been subject to the disabilities and restrictions with which her progress has been embarrassed, that she has become enervated, her mind to some extent paralyzed; and like those still more degraded by personal bondage, she hugs her chains. Liberty is often presented in its true light, but it is liberty for man. I would not go so far, either as regards the abject slave or woman; for in both cases they may be so degraded by the crushing influences around them, that they may not be sensible of the blessings of freedom. Liberty is not less a blessing, because oppression has so long darkened the mind that it can not appreciate it. I would, therefore, urge that woman be placed in such a situation in society, by the recognition of her rights, and have such opportunities for growth and development, as shall raise her from this low, enervated, and paralyzed condition, to a full appreciation of the blessing of entire freedom of mind.
It is with reluctance that I make the demand for the political rights of women, because this claim is so distasteful to the age. Woman shrinks, in the present state of society, from taking any interest in politics. The events of the French Revolution, and the claim for woman's rights, are held up to her as a warning. Let us not look at the excesses of women alone, at that period; but remember that the age was marked with extravagances and wickedness in men as well as women. Political life abounds with these excesses and with shameful outrage. Who knows but that if woman acted her part in governmental affairs, there might be an entire change in the turmoil of political life? It becomes man to speak modestly of his ability to act without her. If woman's judgment were exercised, why might she not aid in making the laws by which she is governed? Lord Brougham remarked that the works of Harriet Martineau upon Political Economy were not excelled by those of any political writer of the present time. The first few chapters of her "Society in America," her views of a Republic, and of government generally, furnish evidence of woman's capacity to embrace subjects of universal interest.
Far be it from me to encourage women to vote, or to take an active part in politics in the present state of our government. Her right to the elective franchise, however, is the same, and should be yielded to her, whether she exercise that right or not. Would that man, too, would have no participation in a government recognizing the life-taking principle; retaliation and the sword. It is unworthy a Christian nation. But when in the diffusion of light and intelligence a Convention shall be called to make regulations for self-government on Christian principles, I can see no good reason why women should not participate in such an assemblage, taking part equally with man.
Professor Walker, of Cincinnati, in his "Introduction to American Law," says: "With regard to political rights, females form a positive exception to the general doctrine of equality. They have no part or lot in the formation or administration of government. They cannot vote or hold office. We require them to contribute their share in the way of taxes to the support of government, but allow them no voice in its direction. We hold them amenable to the laws when made, but allow them no share in making them. This language applied to males would be the exact definition of political slavery; applied to females custom does not teach us so to regard it." Woman, however, is beginning so to regard it.
He further says: "The law of husband and wife, as you gather it from the books, is a disgrace to any civilized nation. The theory of the law degrades the wife almost to the level of slaves. When a woman marries, we call her condition coverture, and speak of her as a femme covert. The old writers call the husband baron, and sometimes in plain English, lord.... The merging of her name in that of her husband is emblematic of the fate of all her legal rights. The torch of Hymen serves but to light the pile on which these rights are offered up. The legal theory is, that marriage makes the husband and wife one person, and that person is the husband. On this subject, reform is loudly called for. There is no foundation in reason or expediency for the absolute and slavish subjection of the wife to the husband, which forms the foundation of the present legal relations. Were woman, in point of fact, the abject thing which the law in theory considers her to be when married, she would not be worthy the companionship of man."
I would ask if such a code of laws does not require change? If such a condition of the wife in society does not claim redress? On no good ground can reform be delayed. Blackstone says: "The very being and legal existence of woman is suspended during marriage; incorporated or consolidated into that of her husband under whose protection and cover she performs everything." Hurlbut, in his Essay upon Human Rights, says: "The laws touching the rights of women are at variance with the laws of the Creator. Rights are human rights, and pertain to human beings without distinction of sex. Laws should not be made for man or for woman, but for mankind. Man was not born to command, nor woman to obey.... The law of France, Spain, and Holland, and one of our own States, Louisiana, recognizes the wife's right to property, more than the common law of England.... The laws depriving woman of the right of property are handed down to us from dark and feudal times, and are not consistent with the wiser, better, purer spirit of the age. The wife is a mere pensioner on the bounty of her husband. Her lost rights are appropriated to himself. But justice and benevolence are abroad in our land awakening the spirit of inquiry and innovation; and the Gothic fabric of the British law will fall before it, save where it is based upon the foundation of truth and justice."
May these statements lead you to reflect upon this subject, that you may know what woman's condition is in society, what her restrictions are, and seek to remove them. In how many cases in our country the husband and wife begin life together, and by equal industry and united effort accumulate to themselves a comfortable home. In the event of the death of the wife the household remains undisturbed, his farm or his workshop is not broken up or in any way molested. But when the husband dies he either gives his wife a portion of their joint accumulation, or the law apportions to her a share; the homestead is broken up, and she is dispossessed of that which she earned equally with him; for what she lacked in physical strength she made up in constancy of labor and toil, day and evening. The sons then coming into possession of the property, as has been the custom until of later time, speak of having to keep their mother, when she in reality is aiding to keep them. Where is the justice of this state of things? The change in the law of this State and of New York in relation to the property of the wife, goes to a limited extent toward the redress of these wrongs which are far more extensive and involve much more than I have time this evening to point out.
On no good ground can the legal existence of the wife be suspended during marriage, and her property surrendered to her husband. In the intelligent ranks of society the wife may not in point of fact be so degraded as the law would degrade